Sec. 6.09. DEATH BENEFIT ANNUITIES TO DEPENDENT PARENTS. (a) If a contributing member in good standing of the fire or police department or a retiree dies before or after retirement and leaves no surviving spouse or child but leaves surviving a father and mother wholly dependent on that person for support, the dependent father and mother are entitled to receive one-third of the average total salary of the deceased member based on the same number of years of the member's pay as is currently provided for computations of retirement annuities under Section 5.01 of this Act, the annuity to be equally divided between the father and mother as long as they are wholly dependent. If there is only one dependent, either father or mother, the board shall grant the surviving dependent an annuity not to exceed one-fourth that average total salary as computed under this subsection.
(b) An application for benefits under Subsection (a) of this section must be accompanied by a copy of the deceased member's or retiree's tax return filed for the last year ending before the member's or retiree's death or an explanation satisfactory to the board of why the tax return cannot be provided. The board may, on its own initiative, make a thorough investigation, determine the facts as to the dependency with respect to an application for benefits made under Subsection (a) of this section, and at any time, on the request of any beneficiary or any contributor to the fund, reopen any award made to any member or dependent of any member who is receiving annuity payments under this section and discontinue those payments as to all or any of them. The findings of the board under this section and all annuities granted under this section are final on all parties unless set aside or revoked by a court of competent jurisdiction.
Structure Texas Statutes
Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000
Article 6. Beneficiary's Benefits
Section 6.01. Member's Beneficiary and Dependent Child's Rights
Section 6.02. Death Benefit Annuity for Surviving Spouses and Children
Section 6.03. Death Benefit Annuity for Spouse of Member Killed in Line of Duty
Section 6.04. Remarriage; Benefits After Termination of Marriage
Section 6.05. Affidavit of Marital Status
Section 6.06. Common-Law Marriages
Section 6.07. Surviving Spouse's Right to Single Entitlement
Section 6.08. Lump-Sum Death Benefit
Section 6.09. Death Benefit Annuities to Dependent Parents
Section 6.10. Suspension Rights
Section 6.11. Death Benefit for Active Member's Estate
Section 6.115. Death Benefit for Retiree's Estate
Section 6.12. 13th and 14th Checks for Beneficiaries
Section 6.14. Lump-Sum Payment Election for Surviving Spouses